Digital Commons Network^™

The Promise (And Limits) Of Neuroeconomics, Jedediah Purdy

Faculty Scholarship

Neuroeconomics - the study of brain activity in people engaged in tasks of reasoning and choice - looks set to be the next behavioral economics: a set of findings about how people make decisions that casts both light and doubt on widely accepted premises about rationality and social life. This essay explains what is most exciting about the new field and lays out some specific research tasks for it. By enabling researchers to view the mind at work, neuroeconomics calls into question the value of a methodological premise of twentieth-century empiricism, sometimes called positivism or behaviorism: that people are black …

The Oligopolistic Gatekeeper: The U.S. Accounting Profession, James D. Cox

Faculty Scholarship

The accounting and financial scandals the last few years not only produced the Sarbanes-Oxley Act, but have prompted a good deal of debate what forces led to so many dramatic reporting failures. This article is the only work to examine how the competitive structure of the accounting industry contributed to its movement from being a profession to a business that performed auditing. In the article we find not only documentation that the accounting profession is an oligopoly but a sound explanation of how its poor structure contributes significantly to negative social welfare. Throughout the article provides rich support of data …

The Public Responsibility Of Structured Finance Lawyers, Steven L. Schwarcz

Faculty Scholarship

Lawyers, increasingly, are scrutinized as to their public responsibility when companies fail, particularly where the lawyer's involvement with the failed company is nontraditional and, arguably, intertwined with the failure. One of the least traditional roles of lawyers today is as counsel in structured finance transactions. This article focuses on the public responsibility of lawyers involved in these transactions.

Private Law And The State: Comparative Perceptions And Historic Observations, Ralf Michaels, Nils Jansen

Faculty Scholarship

The relation of private law to the state is one of the most complex aspects of the challenges posed for the law by Europeanization and globalization. It is not only distinct from that between public law and the state; it is also not the same in different legal systems. This article provides a historical and comparative overview of this relation in Germany and in the United States. It analyses the historical conditions and reasons for which the state became the ultimate source of authority for private law in Europe but remained largely without importance for doctrinal discussions and jurisprudential decisions …

The News Media’S Influence On Criminal Justice Policy: How Market Driven News Promotes Punitiveness, Sara Sun Beale

Faculty Scholarship

This Article argues that commercial pressures are determining the news media's contemporary treatment of crime and violence, and that the resulting coverage has played a major role in reshaping public opinion, and ultimately, criminal justice policy. The news media are not mirrors, simply reflecting events in society. Rather, media content is shaped by economic and marketing considerations that frequently override traditional journalistic criteria for newsworthiness. This Article explores local and national television's treatment of crime, where the extent and style of news stories about crime are being adjusted to meet perceived viewer demand and advertising strategies, which frequently emphasize particular …

Precaution Against Terrorism, Jonathan B. Wiener, Jessica Stern

Faculty Scholarship

Stunned by the terrorist attacks of September 11, 2001, the Bush administration adopted a new National Security Strategy in September 2002. The UK government took a similar stance. This new strategy calls for anticipatory attacks against potential enemies with uncertain capacities and intentions, even before their threat is imminent. Rather than wait for evidence of weapons of mass destruction, it shifts the burden of proof, obliging ‘‘rogue’’ states to show that they do not harbor weapons of mass destruction or terrorist cells, or else face the possibility of attack. This new strategy amounts to the adoption of the Precautionary Principle …

Dunlap’S Very Subjective Reading List For Air Force Judge Advocates, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Constitutional Fidelity, The Rule Of Recognition, And The Communitarian Turn In Contemporary Positivism, Matthew D. Adler

Faculty Scholarship

No abstract provided.

Welfare Polls: A Synthesis, Matthew D. Adler

Faculty Scholarship

"Welfare polls" are survey instruments that seek to quantify the determinants of human well-being. Currently, three welfare polling formats are dominant: contingent valuation (CV) surveys, quality-adjusted life year (QALY) surveys, and happiness surveys. Each format has generated a large, specialized, scholarly literature, but no comprehensive discussion of welfare polling as a general enterprise exists.This Article seeks to fill that gap.

Part I describes the trio of existing formats. Part II discusses the current and potential uses of welfare polls in governmental decisionmaking. Part III analyzes in detail the obstacles that welfare polls must overcome to provide useful well-being information, and …

Behavioural Genetics In Criminal Cases: Past, Present And Future, Nita A. Farahany, William Bernet

Faculty Scholarship

Researchers studying human behavioral genetics have made significant scientific progress in enhancing our understanding of the relative contributions of genetics and the environment in observed variations in human behavior. Quickly outpacing the advances in the science are its applications in the criminal justice system. Already, human behavioral genetics research has been introduced in the U.S. criminal justice system, and its use will only become more prevalent. This essay discusses the recent historical use of behavioral genetics in criminal cases, recent advances in two gene variants of particular interest in the criminal law, MAOA and SLC6A4, the recent expert testimony on …

Trial By Jury Involving Persons Accused Of Terrorism Or Supporting Terrorism, Neil Vidmar

Faculty Scholarship

This chapter explores issues in jury trials involving persons accused of committing acts of international terrorism or financially or otherwise supporting those who do or may commit such acts. The jury is a unique institution that draws upon laypersons to decide whether a person charged with a crime is guilty or innocent. Although the jury is instructed and guided by a trial judge and procedural rules shape what the jury is allowed to hear, ultimately the laypersons deliberate alone and render their verdict. A basic principle of the jury system is that at the start of trial the jurors should …

Coping Strategies And Personality In Schizophrenia: Can These Two Factors Influence Relapse Rates And Quality Of Life?, Amanda Collins

Dissertations and Theses @ UNI

Many schizophrenia patients never fully recover from their illness, despite being relatively stable. Therefore, research is beginning to go beyond symptom treatment and focus on patients' quality of life. Coping strategies and personality are two factors that may influence quality of life. This study investigated the effects of specific coping strategies and personality on the outcome of schizophrenia as measured by psychiatric symptoms, quality of life, and relapse rates. Results showed that symptomatology was associated with coping strategies that entailed creating a plan of action, while relapse rates were negatively associated with coping strategies that entailed mental and behavioral distraction. …

God Image, Self-Monitoring, And Willingness To Authentically Forgive, Bryan J. Hall

Dissertations and Theses @ UNI

Interpersonal forgiveness has become a major topic among researchers, but little attention has been paid to Hunter's (1978) conceptualization of pseudo forgiveness. In the present study, the relationship between personality and religious beliefs on the willingness of people to forgive others was examined. The tendency to engage in self-monitoring behaviors, the conception of the character of God, and the degree to which one identified as a Christian were studied in the context of one's willingness to grant authentic forgiveness. A distinction was made between people who offered authentic forgiveness versus those who merely pseudo forgave. Authentic forgiveness involves releasing the …

Maze Learning And Recall In Weakly Electric Fish, Mormyrus Rume Proboscirostris Boulenger 1898 (Teleostei, Mormyridae): Sensory Bases, Alice G. Walton

Dissertations, Theses, and Capstone Projects

Animals use navigational strategies ranging from taxes, landmark and compass orientation, and path integration to cognitive maps. The debate concerning the use of mapping strategies, or less complex mechanisms such path integration, landmark orientation, or dead reckoning is far from settled. Nocturnal weakly electric fish (family Mormyridae) leave their daytime hiding places at night to forage for food and return at dawn. Thus, these fish provide an excellent model to explore their navigational strategies.

The present studies explore these strategies using a novel paradigm: after learning to swim through a maze (acquisition), the maze barriers are removed and the fish …

Henry James’S "The Ambassadors": Anatomy Of Silence, Marie Leone Meyer

Dissertations, Theses, and Capstone Projects

This dissertation examines the use of silence in Henry James's novel The Ambassadors. James uses silence rich in meaning to portray the protagonist Lewis Lambert Strether's unfolding consciousness. James creates different types of silences that reflect a shift from the spoken or written word to alternate symbol systems. James's novel perches on the threshold of modernity, as his work reflects the ideas of a line of thinkers extending back from James and his brother, William, to Ralph Waldo Emerson, Sampson Reed, and Emanuel Swedenborg. At the same time, the novel draws on the contemporary ideas of Charles Darwin, prefigures …

Demographic Issues In Infant Health In The 1990’S And Measurement Issues In Costing Medicaid Expansions, Danielle H. Ferry

Dissertations, Theses, and Capstone Projects

National measures of infant health in the 1990s were flat, but rates of low birth weight and preterm birth among blacks, especially in center cities, improved. Health gains were especially marked in Washington, DC. Analysis at the metropolitan area level reveals that center city-suburban gaps in black infant health declined. The first two chapters of this dissertation use the 1990-2001 National Center for Health Statistics (NCHS) Natality Files to examine improvements in infant health among African-Americans, first, in Washington, DC, and second, in 37 metropolitan areas with large black populations.

Although Washington, DC also experienced substantial, above-average reductions in its …

Notices

Contemporary Aesthetics (Journal Archive)

No abstract provided.

Reflections On An Aesthetics Of Touch, Smell And Taste, Mădălina Diaconu

Contemporary Aesthetics (Journal Archive)

Modern aesthetics regards sight and hearing as the only senses which were able to produce art. Touch, smell and taste might offer pleasant stimuli, but can never achieve the status of art objects. What are the arguments for this rejection, and are they still sustainable? This paper focuses on the general and specific difficulties of forming an aesthetics of touch, smell and taste; some can be overcome, while others are still waiting for a proper answer. At the same time, artistic movements, as well as changes in recent discussions of the aesthetics of everyday life prove the necessity of extending …

A Plea For A Cognitive Iconology Within Visual Culture, Ian Verstegen

Contemporary Aesthetics (Journal Archive)

A place is needed for a 'cognitive iconology' within "visual culture." Like Logical Positivism before it, visual culture must reexamine its tacit assumption that conflation of psycho-sociological contributions to visual meaning is an adequate methodology, and that sociologism is a worthwhile overriding philosophy. Cognitive iconology isolates the psychological contribution to the study of images and does not monopolize it but isolates the foundational basis for it on which narrower interpretations must be built. With examples from the work of Titian, it is shown how the cognitive and 'cultural' contributions must work together to make meaning. Using the philosophy of Maurice …

Wittgenstein And Haydn On Understanding Music, Yael Kaduri

Contemporary Aesthetics (Journal Archive)

Wittgenstein's remarks about music have motivated philosophers to build a comprehensive picture of his philosophy of music, concentrating on the central issues of musical meaning. It is often claimed that, according to Wittgenstein, understanding music consist in grasping the internal relationships between musical events. Musical practice, however, is naturally saturated with what philosophers often call extra-musical meanings. The present study, by considering a musical issue in Haydn's instrumental music, attempts to show that musical language games in the Wittgensteinian sense involve explanations of music that enhance the listener's ability to understand music by broadening his musical competence. Nevertheless, constituting understanding …

The Technical Fix Or The Systemic Solution For Urban Water Quality? A Case Study Of Grassroots Activism On Behalf Of New York City's Drinking Water, Mirele B. Goldsmith

Dissertations, Theses, and Capstone Projects

This case study examines the activities of the Croton Watershed Clean Water Coalition from 1996 until 2004. The Coalition opposed construction of a filtration plant for the Croton water supply. The study traces the Coalition’s campaign against filtration, which took place in the context of the widely heralded New York City Watershed Memorandum of Agreement (1997). Although the Agreement permitted New York City to avoid filtration for its Catskill and Delaware water supplies, plans were laid for filtration of the Croton supply.

My study is informed by political ecology which provides a framework for understanding politics, practices and contradictions involved …

The Intersection Of Race, Gender, And Class In Social Transitions: Caribbean Immigrant Women Negotiating United States Higher Education, Tracy A. Mcfarlane

Dissertations, Theses, and Capstone Projects

The experiences of immigrant women of color within US higher education provide a unique opportunity to understand the complex influences of intersecting identities within changing social contexts. This study was designed to determine how the social categories of gender, class, race, and nationality operate in Caribbean immigrant women's experience of being college students. Focus groups and life story interviews were conducted with 27 English-speaking Caribbean-born women attending CUNY undergraduate colleges. The data yielded four main findings: First, Caribbean gender roles and traditions are not homogenous; hence, there is variation in the ways in which these affect women's experiences in the …

The Scientific Shortcomings Of Roper V. Simmons, Deborah W. Denno

Faculty Scholarship

This Article contends that some of the case law and social science research that form the basis for the United States Supreme Court's decision in Roper v. Simmons are insufficient and outdated. The Court also relies heavily upon briefs submitted by the respondent and his amici, in lieu of providing more pertinent citations and analysis that could have enhanced and modernized the Court's arguments. The sparse and sometimes archaic sources for Roper potentially limit the opinion's precedential value. For example, the Court cites Erik Erikson's 1968 book, Identity: Youth and Crisis, to support the view that, relative to adults, juveniles …

Gambling For Certainty: Luck, Chance, And Uncertainty In Politics, Mindy Peden, Nicole M. Elias

Publications and Research

How much of what we do is the result of our will, and how much the result of chance or luck or fortune? This is a decidedly un-decidable question, but one that needs to be asked. The general assumption seems to be that a person's "lot" in life is physically, morally, politically, even romantically linked to choice. But the use of the term "lot" betrays the underlying uncertainty of what "causes" our "lot", laying bare questions of responsibility, burden, and even explanation. Much (perhaps at the very least 50% according to Machiavelli) of what happens in our lives can be …

Friends' Religiosity And First Sex, Amy Adamczyk, Jacob Felson

Publications and Research

Researchers have established that individual religiosity influences sexual behavior and that religious support can increase consistency between personal religiosity and behavior. Researchers are less certain, however, of the effect that religious friendship networks have on sexual behavior. In addition, the effects of network characteristics such as density and one’s position in a social network have not been established. This paper uses a network subsample of the National Longitudinal Study of Adolescent Health (Add Health) to examine the effect of friends’ religiosity on the probability of first sex. We find that friends’ religiosity has an independent influence on adolescent sexual behavior …

Journal Use By Graduate Students As Indicated By Masters’ Theses Bibliographies At An Urban Commuter College, 1991-2004., Ellen A. Sexton

Publications and Research

Citation analyses were carried out on master’s thesis in three disciplines, forensic psychology, forensic science and criminal justice, completed and deposited in John Jay library from 1991 to 2004. The aim was to determine the effect of availability of electronic journals on students’ choice of references. The number of journal citations and the ratio of journal articles to all citations was assessed. Criminal justice theses listed more citations that either science of psychology theses, but relatively fewer journal articles. An increase over time was seen in the number of journal articles cited and in the ratio of journal articles to …

Think Or Be Damned: The Problematic Case Of Higher Cognition In Animals And Legislation For Animal Welfare, Lesley J. Rogers, Gisela Kaplan

Animal Law Review

Recent discoveries of higher cognitive abilities in some species of birds and mammals are bringing about radical changes in our attitudes towards animals and will lead to changes in legislation for the protection of animals. We fully support these developments, but at the same time we recognize that the scientific study of higher cognition in animals has touched on only a small number of vertebrate species. Accordingly, we warn that calls to extend rights, or to at least better welfare protection, for the handful of species that have revealed their intelligence to us may be counterproductive. While this would improve …

Just Say Neigh: A Call For Federal Regulation Of By-Product Disposal By The Equine Industry, Mary W. Craig

Animal Law Review

This article discusses the thousands of foals born each year that are bred for industrial purposes. These foals must then be disposed of as unwanted by-products of the equine industry. PMU mares are bred to collect urine rich with hormones used in the production of a drug to treat menopausal symptoms. Nurse mares are bred to produce milk to feed foals other than their own. If adoptive homes cannot be found quickly, both industries dispose of their equine by-products by slaughtering the foals, and sometimes the mares, for profit or convenience. This paper calls for an amendment to the Animal …

Confronting Barriers To The Courtroom For Animal Advocates: Linking Cultural And Legal Transitions, Taimie Bryant, Una Chaudhuri, Dale Jamieson, Laura Ireland Moore, David J. Wolfson

Animal Law Review

Panelists: Taimie Bryant, Una Chaudhuri, and Dale Jamieson

Moderators: Laura Ireland Moore and David J. Wolfson

In this discussion, panelists explore the many viewpoints society holds with respect to nonhuman animals. The discussion broadly covers ethics and what constitutes ethical behavior in this regard. The question dealt with is, largely, what is the appropriate ethical model to use when arguing that animals deserve better treatment and expanded rights? Unlike parallel movements for human civil rights or women’s equality, the animal rights movement has much greater hurdles to overcome when it comes to arguing that animals deserve equal treatment under the …

Confronting Barriers To The Courtroom For Animal Advocates: Legal Standing For Animals And Advocates, David Cassuto, Jonathan Lovvorn, Katherine Meyer, Joyce Tischler

Animal Law Review

Panelists: David Cassuto, Jonathan Lovvorn, and Katherine Meyer

Moderator: Joyce Tischler

For animal advocates, one of the most significant barriers to the courtroom is standing. In order to litigate on behalf of an animal’s interests in federal court, the advocate must first establish standing by meeting three requirements: (1) the plaintiff must have suffered an injury in fact, (2) the injury must be causally connected to the act about which the plaintiff is complaining, and (3) the court must be able to redress the injury. When it comes to non-human animals, how does an advocate demonstrate an injury to establish …